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B.C. Toms & Co Litigation and Arbitration Practice Group

B. C. Toms & Co, a multinational law firm of Western and Ukrainian lawyers, was the first Western law firm to open a Kyiv office in September 1991. Our Kyiv office is ranked by the principal legal directories as one of the leading law firms in Ukraine. Our foreign and Ukrainian lawyers have excellent qualifications from leading law schools and many years of practice experience.

Our commitment to the success of our clients is the cornerstone of our litigation and arbitration practice. We have over 19 years of experience obtaining successful results for our clients in Ukrainian courts and arbitration tribunals as well as in administrative proceedings.

Our Litigation and Arbitration Practice Group has successfully handled many of the most significant lawsuits and arbitrations in Ukraine, including for example:

1) Successfully handling the appeal in 2008 to the High Commercial Court on behalf of a joint venture of two major international investment funds (the “JV”) to obtain a reversal of the decisions of the Kyiv Oblast Commercial Court and the Kyiv Oblast Appellate Court in order to recover for the JV its multi-million dollar land site for its USD 330 million office and shopping center development. In this case, the High Commercial Court not only reversed the lower courts, but it also exercised its discretion to award judgment in favour of the JV, rather than to send the case back to the lower courts for further proceedings as is almost always done, so the JV could then immediately restart its project. The High Commercial Court’s judgment affirmed several new principles of Ukrainian law that will help protect all other real estate projects in Ukraine. 2) Acting for the foreign investor in a number of related lawsuits to recover a multi-million dollar investment in the OJSC Sewing Factory “Yunist”, and its significant real estate located in the centre of Kyiv, resulting in our client fully recovering its investment and control over real property worth over USD 50 million; 3) Successfully representing the Ukrainian subsidiary of a western oil and gas company to eliminate tax and related claims exceeding USD 20 million, resulting in the maintenance of control by this western company over its Ukrainian subsidiary; 4) Acting for a large European multinational for its Ukrainian litigation and Swiss arbitration in a dispute over a British company’s multi-million dollar contract claims concerning a joint-venture, resulting in the Ukrainian action being dropped and the British company making a multi-million dollar payment to our client to settle our client’s counter-claims; 5) Advising Air Foyle HeavyLift on the Ukrainian law aspects for the lawsuits in Canada and Belgium to obtain the release of arrested Ukrainian “Ruslan” aircrafts; 6) Successfully representing a western fund in the Supreme Court of Ukraine to obtain the dismissal of a substantial claim by the former director of their Ukrainian subsidiary, whom they had dismissed without notice for theft and other grossly improper behavior; and 7) Successfully representing the Ukrainian subsidiary of a multinational agro-chemical company in six tax disputes initiated by the Ukrainian State Tax Administration, including to completely prevail in all six cases on appeal to the Supreme Court of Ukraine.

For further information, please contact Bate C. Toms at our address cited above.